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Manchester Evening News
Manchester Evening News
National
Ellie Kemp

What are parents' rights during teachers strikes and do people have to go to work if schools are shut?

Pupils are expected to face disruption to their education as teachers walk out of thousands of schools across England and Wales on Wednesday.

Members of the National Education Union (NEU) are taking strike action for the first time on February 1, affecting 23,000 schools., amid on-going disputes over pay and the cost of living crisis. Most teachers were given a 5 per cent pay increase last year, but unions say that this isn't in line with inflation, and say it means that teachers have actually had a real-terms pay cut of 11 per cent.

It comes as 500,000 workers across rail, governmental departments and universities join teachers in walking out, making today the biggest day of industrial action in decades. The NEU said it expects most schools to be closed - so what can you do if this is the case for your child?

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There are a few procedures put in place to allow parents to take time off work to look after their children and most of these options are unpaid. They include dependent leave, where employees can take time off if 'care arrangements for a dependent suddenly break down' or 'an unexpected incident involving your child at their school' occurs.

But Chris Garner, managing director of HR and employment law specialist Avensure, said employers may question whether school strikes count as an emergency, considering the advanced notice given. Chris said: “If an employee is unable to attend work due to childcare issues, they’re entitled to time off for dependents; it is usually unpaid unless their contract states otherwise and is intended for emergencies.

"Because the date of the strike was released in advance, employers could question whether it counts as an emergency, but bosses should bear in mind the lack of notice parents have had. There’s always a chance that alternative childcare arrangements could fall through at the last minute also, which would then likely fall into the category of emergency time off for dependents.

“Employees also have the right to take unpaid parental leave, but they must give at least 21 days’ notice of their intention to take the leave, which wouldn’t have been possible this time. There’s also the option to request paid annual leave, but the decision on whether to accept lies with employers."

Chris continued: “While there is no automatic entitlement to take annual leave for school strikes, employers should try to be as reasonable as possible. Equally, staff should try to give as much notice as they can and follow the correct procedures.

“If someone needs to take time off for childcare but has no annual leave left to take, authorised unpaid leave is also an option, as is working from home or temporary variations to working hours.”

Chris also advised for employers and employees to have an open dialogue around the issue, sooner rather than later. Chris explained: “School closures will increase the likelihood of absence from work - but we do need to bear in mind that the current situation is not the fault of working parents, nor is it the fault of employers.

"Whilst there is no automatic right to time off under these circumstances, a staffing disaster can be avoided with effective communication. Both parties should be talking about this now and putting plans in place to manage future strike action.”

Employees could also use paid annual leave to take time off during strikes. GA Solicitors says: "An employee, or worker not entitled to time off for dependents, may request to take the day out of their normal annual leave entitlement. Unless a notice requirement is stipulated within the contract of employment, an employer should be given notice that equates to twice the number of days’ leave they want to take."

A further six strikes days have been proposed by the NEU. They will take place on the following dates:

  • Tuesday 14 February in Wales
  • Tuesday 28 February in Northern and North West England and Yorkshire & The Humber
  • Wednesday 1 March in Eastern England, the East Midlands and West Midlands
  • Thursday 2 March in South East and South West England and London
  • Wednesday 15 March in England and Wales
  • Thursday 16 March in England and Wales

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